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  89R11746 CS-F     By: Virdell H.B. No. 3056       A BILL TO BE ENTITLED   AN ACT   relating to municipal and county regulation of certain wind and   solar power facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 247, Local Government   Code, as added by Chapter 19 (S.B. 1017), Acts of the 88th   Legislature, Regular Session, 2023, is amended to read as follows:   CHAPTER 247. REGULATION OF ALTERNATIVE ENERGY GENERATION, ENERGY   SOURCES , AND ENGINES          SECTION 2.  Section 247.001, Local Government Code, as added   by Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular   Session, 2023, is amended by adding Subdivisions (5) and (6) to read   as follows:                 (5)     "Solar power facility" has the meaning assigned by   Section 302.0001, Utilities Code.                 (6)     "Wind power facility" has the meaning assigned by   Section 301.0001, Utilities Code.          SECTION 3.  Chapter 247, Local Government Code, as added by   Chapter 19 (S.B. 1017), Acts of the 88th Legislature, Regular   Session, 2023, is amended by adding Section 247.004 to read as   follows:           Sec.   247.004.     REGULATION OF WIND AND SOLAR POWER   FACILITIES. (a)   This section applies only to a wind or solar power   facility intended to be used to sell at wholesale energy or   ancillary services.           (b)     A municipality by ordinance and a county by order shall   prohibit the installation of a wind or solar power facility within   500 yards of real property owned by a person other than the owner or   operator of the proposed facility unless the owner or operator of   the proposed facility obtains written consent from each owner of   the real property.           (c)     For the purposes of this section, the measurement of   distance between a wind or solar power facility and a property line   shall be taken from the point on the structure that is nearest to   the nearest point on the property line.           (d)     A county may not regulate under Subsection (b) the   installation of a wind or solar power facility within the corporate   boundaries of a municipality.          SECTION 4.  Not later than October 1, 2025, a municipality by   ordinance and a county by order shall adopt a prohibition on the   installation of a wind or solar power facility as required by   Section 247.004, Local Government Code, as added by this Act. The   ordinance or order may not require the removal of a wind or solar   power facility the installation of which began before the effective   date of the ordinance or order.          SECTION 5.  It is the intent of the 89th Legislature, Regular   Session, 2025, that the amendments made by this Act to Chapter 247,   Local Government Code, be harmonized with another Act of the 89th   Legislature, Regular Session, 2025, relating to nonsubstantive   additions to and corrections in enacted codes.          SECTION 6.  This Act takes effect September 1, 2025.